Buy America Act for EV Chargers: Compliance Checklist

# Buy America Act for EV Chargers: Compliance Checklist

Federally funded infrastructure in the United States comes with a long-standing condition: the materials used to build it should be made in America. The Buy America Act, first enacted in 1933 and strengthened repeatedly over the decades, requires that iron, steel, and manufactured products used in federal-aid highway projects be produced domestically. With the rollout of the National Electric Vehicle Infrastructure (NEVI) program, Buy America compliance has become one of the most consequential—and most misunderstood—requirements for EV charging deployment.

For charging station buyers, operators, and investors, Buy America is not a paperwork exercise. Non-compliance can delay projects, disqualify grant applications, trigger clawback of federal funds, and create legal exposure. At the same time, the rules are evolving. Waivers, guidance documents, and state interpretations change frequently. This guide explains what the Buy America Act requires for EV chargers, how to verify compliance, what documentation to collect, and how to avoid the most common mistakes.

What Is the Buy America Act?

The Buy America Act is a domestic preference law that applies to federal-aid infrastructure projects. It requires that iron, steel, and manufactured products used in such projects be produced in the United States, as codified in 23 U.S.C. § 313. The law is separate from the Buy American Act, which applies to direct federal procurement of goods and services under 41 U.S.C. § 8301 et seq.

Key Definitions

For NEVI-funded EV chargers, the relevant law is the Buy America Act as applied by the Federal Highway Administration (FHWA).

Why It Applies to EV Chargers

NEVI provides $5 billion in federal formula funding to states for EV charging infrastructure along Alternative Fuel Corridors. Because the funding flows through FHWA, Buy America applies. Every NEVI-funded charging site must use iron, steel, and manufactured products produced in the United States, unless a waiver has been granted.

The 55% Domestic Content Rule

For manufactured products, FHWA generally requires that all manufacturing processes occur in the United States and that the cost of domestic components exceed 55% of the total cost of components. This threshold is established in the FHWA Buy America regulations and the phased waiver for EV chargers (88 FR 10619).

How the Calculation Works

The domestic content percentage is calculated as:

Domestic Content % = (Cost of U.S. Components / Total Cost of All Components) × 100

Components include:

• Power modules and control electronics
• Enclosures and sheet metal
• Cables, connectors, and contactors
• Cooling systems and fans
• Payment terminals and displays
• Network hardware inside the charger

The calculation does not typically include installation labor, shipping, or markup. It focuses on the manufactured product itself.

What Counts as "Domestic"

A component is considered domestic if it is substantially manufactured in the United States from U.S. or foreign raw materials. Mere assembly of foreign parts in the U.S. is generally not sufficient. There must be substantial transformation into a new product with a distinct use or character.

For EV chargers, this means:

• Sheet metal fabricated in the U.S. from imported steel may still qualify as domestic if fabricated domestically
• Power modules assembled entirely overseas and only bolted into a U.S. cabinet likely do not qualify
• Control boards populated in the U.S. with a mix of domestic and imported chips generally qualify as domestic components

Because the analysis is fact-specific, manufacturers must maintain detailed bills of materials and cost records.

NEVI-Specific Buy America Requirements

NEVI guidance incorporates Buy America requirements directly. Key provisions include:

Final Assembly in the United States

EV chargers installed with NEVI funds must undergo final assembly in the United States. Final assembly means the last substantial manufacturing process that produces the finished charger. Simply unpacking foreign units and installing them does not qualify.

Steel and Iron Components

All iron and steel components used in the project must be produced in the United States. This includes:

• Charger enclosures and frames
• Conduit and pull boxes
• Transformer enclosures
• Bollards and protective barriers
• Rebar and structural supports

Documentation and Certification

Applicants must provide documentation from manufacturers certifying compliance. This typically includes:

• A domestic content certificate or affidavit
• A detailed bill of materials with component origins and costs
• Evidence of U.S. manufacturing and final assembly
• Sub-supplier certifications for major components

Step-by-Step Compliance Checklist

Use this checklist to evaluate and document Buy America compliance for your EV charging project.

Pre-Procurement

• [ ] Confirm the project is subject to Buy America (federal funding, FHWA-administered)
• [ ] Review current FHWA guidance and any applicable waivers
• [ ] Identify the specific charger models under consideration
• [ ] Request Buy America compliance documentation from each manufacturer
• [ ] Verify the manufacturer performs final assembly in the United States

Documentation Review

• [ ] Obtain a domestic content certificate for the specific charger model
• [ ] Review the bill of materials for component origins
• [ ] Confirm the domestic content percentage meets or exceeds 55%
• [ ] Verify that steel and iron components are U.S.-produced
• [ ] Check that sub-supplier certifications are current and traceable

Contract and Construction

• [ ] Include Buy America compliance requirements in purchase agreements
• [ ] Require manufacturer notification of any material changes affecting compliance
• [ ] Inspect delivered equipment against approved specifications
• [ ] Maintain records for the federal award period and any clawback window

Reporting

• [ ] Submit compliance documentation with the grant application
• [ ] Retain copies for state and federal audits
• [ ] Update documentation if equipment changes during construction
• [ ] Report any compliance issues immediately to the funding agency

How to Verify a Manufacturer's Buy America Claims

Not every manufacturer that claims Buy America compliance can substantiate it. Buyers should conduct due diligence before relying on compliance representations.

Questions to Ask Manufacturers

1. Where is final assembly performed for this specific model?
2. What is the domestic content percentage, and how was it calculated?
3. Can you provide a detailed bill of materials with component costs and origins?
4. Are power modules, control boards, and enclosures manufactured or assembled in the U.S.?
5. Have you supplied documentation for other NEVI-funded projects?
6. Are sub-suppliers also Buy America compliant?
7. What happens if a component becomes unavailable—do you have alternate domestic sources?

Red Flags

• Vague statements like "designed in the U.S." or "assembled in the U.S." without documentation
• Reluctance to provide a bill of materials or cost breakdown
• Final assembly performed overseas with only minor U.S. finishing
• Heavy reliance on waiver coverage for core components
• Inability to name U.S. manufacturing facilities

FBK POWER can provide certification details and standards compliance documentation to support NEVI and Buy America submissions. Always request the specific model documentation rather than general corporate statements.

Buy America Waivers: What You Need to Know

FHWA can issue waivers when compliant products are not available in sufficient quantity or quality, as authorized under 23 U.S.C. § 313(b). The phased waiver for EV chargers (88 FR 10619) has allowed a transition period while domestic EV charger manufacturing capacity scales up.

Types of Waivers

Why Relying on Waivers Is Risky

Waivers are temporary and politically sensitive. A waiver that exists today may be revoked tomorrow. Projects that depend on waivers face:

• Uncertainty about whether the waiver will remain valid through construction
• Potential state reluctance to approve waiver-dependent applications
• Difficulty securing financing when compliance is not guaranteed
• Reputational risk if domestic content becomes an issue

The safest strategy is to source chargers that meet Buy America requirements without relying on waivers.

Current Waiver Landscape

As of 2024 and 2025, FHWA has maintained limited waivers for EV chargers while pushing domestic manufacturing capacity. Buyers should check the latest FHWA guidance before assuming any waiver is still in effect. State DOTs often have their own interpretation of waiver applicability.

Buy America vs Other Domestic Content Programs

Buy America is not the only domestic preference rule that may apply to EV charging projects. Understanding the differences helps avoid confusion.

A single project may be subject to multiple rules. For example, a NEVI-funded site may need Buy America compliance for the federal grant and prevailing wage compliance for the 30C tax credit. These requirements operate independently and must be documented separately.

The Business Case for Buy America Compliance

Beyond regulatory necessity, Buy America compliance offers strategic advantages.

Reduced Project Risk

Compliant equipment eliminates the uncertainty of waiver availability. Projects move through approval faster and are less exposed to clawback or audit findings.

Supply Chain Resilience

Domestic manufacturing reduces dependence on overseas shipping, tariffs, and geopolitical disruptions. For critical infrastructure, this resilience has real operational value.

Competitive Positioning

As domestic content requirements tighten, operators with compliant supply chains will have preferential access to federal and state funding. Early alignment creates a competitive moat.

Alignment with Long-Term Policy

Federal policy is moving toward stricter domestic content rules, not looser ones. Investing in compliant infrastructure today reduces the risk of future retrofitting or replacement.

Common Buy America Mistakes

Even well-intentioned projects can fail Buy America compliance. Avoid these common errors:

Assuming "Assembled in the U.S." Is Enough

Final assembly is necessary but not sufficient. Components must also meet domestic content thresholds, and steel/iron must be U.S.-produced.

Using Outdated Documentation

Manufacturer certifications expire or become invalid when product designs change. Always request current documentation tied to the exact model and production run.

Neglecting Sub-Suppliers

A charger assembled in the U.S. with imported power modules may fail domestic content calculations. Trace the supply chain beyond the final assembler.

Failing to Document in the Contract

Purchase agreements should require ongoing compliance, notification of changes, and audit cooperation. Verbal assurances do not survive audits.

Waiting Until the Application Deadline

Buy America documentation can take weeks or months to compile, especially for complex cabinets. Start the process early.

Buy America Enforcement and Audit Risk

Compliance is not only evaluated at application. FHWA and state DOTs can audit projects during construction and after operation. Non-compliance can trigger serious consequences.

Audit Triggers

• Random compliance reviews
• Whistleblower complaints
• Competitive challenges from other bidders
• Discrepancies in reimbursement documentation
• Changes in product sourcing during construction

Potential Consequences

Protecting Your Project

To minimize audit risk:

• Keep complete procurement records
• Obtain manufacturer certifications before award
• Verify assembly location through factory visits or third-party audits
• Document any substitutions and their domestic content impact
• Train project managers on Buy America requirements
• Engage legal counsel when interpreting gray areas

State-Level Variations and Interpretations

While FHWA sets the federal Buy America standard, states may interpret and implement it differently. Some states add their own domestic content preferences or require additional documentation.

Examples of State Variation

Applicants should review the specific NEVI program guidance for each state where they plan to apply. What satisfies one state may not satisfy another.

Working with State DOTs

Establish a relationship with state program staff early. Ask:

• What Buy America documentation format is required?
• Are manufacturer affidavits accepted, or is third-party certification required?
• How does the state treat modular components and spare parts?
• What is the process for requesting a waiver or interpretation?
• Are there state-specific forms or certifications?

Building a Compliant Supply Chain

Long-term Buy America compliance depends on a stable domestic supply chain. Buyers should evaluate not just current compliance but the manufacturer's ability to maintain it.

Supply Chain Due Diligence

• Identify U.S. manufacturing facilities and their capacities
• Map critical components to domestic suppliers
• Assess supplier financial health and capacity
• Evaluate exposure to imported materials that could lose waiver coverage
• Confirm alternate sourcing plans for constrained components

Domestic Content Strategy

Manufacturers can improve domestic content by:

• Moving final assembly to the U.S.
• Sourcing sheet metal, enclosures, and structural steel domestically
• Populating control boards in U.S. facilities
• Qualifying domestic power module suppliers
• Maintaining detailed cost accounting by component

For buyers, a manufacturer with vertical integration and U.S. manufacturing capability is lower risk than one dependent on overseas assembly.

Buy America and Modular DC Fast Chargers

Modular DC fast chargers present both opportunities and challenges for Buy America compliance.

Opportunities

• Domestic module production can be scaled independently of cabinet volume
• Field upgrades use the same compliance framework as initial deployment
• Maintenance module replacements can be sourced domestically

Challenges

• Each module may be treated as a separate manufactured product
• Imported modules used as spares can create compliance issues
• Documentation must cover both initial configuration and future expansion

When evaluating modular systems, ask the manufacturer how module-level compliance is documented and how future expansion modules will be certified. FBK POWER's Split-Type DC Charging Cabinet uses modular 30–40 kW power modules and provides certification support for NEVI-compliant configurations.

Integration with NEVI Site Design

Buy America compliance should be designed into the project from the beginning, not added at the end. Key design considerations include:

• Specify compliant chargers in the RFP
• Require compliance certifications with bid submissions
• Coordinate with civil contractors to ensure steel and iron materials meet requirements
• Plan for spare parts and expansion modules to be compliant over the project life
• Build compliance documentation into project management workflows

For gas station operators and fleet managers, integrating compliance into the initial site design avoids costly change orders later. FBK POWER's experience with high-traffic gas station deployments includes compliance documentation as part of the standard delivery package.

Buy America in Procurement Contracts

Procurement documents are the enforcement mechanism for Buy America. If the contract does not require compliance, the project has no contractual basis to enforce it.

Contract Clauses to Include

• Certification requirement: Contractor must provide manufacturer domestic content certification before delivery.
• Material substitution: Any substitution requires prior written approval and updated compliance documentation.
• Audit rights: Owner reserves the right to audit manufacturing records and supply chain documentation.
• Remedies: Non-compliant products may be rejected, returned, or replaced at contractor expense.
• Indemnification: Contractor indemnifies owner for losses arising from non-compliance.

Flow-Down Requirements

If the prime contractor purchases chargers from a distributor or integrator, require that the flow-down terms reach the manufacturer. Without direct contractual privity, enforcement becomes difficult.

RFP Language Examples

• "All EV chargers shall be manufactured in the United States and meet or exceed 55% domestic content."
• "Proposer shall submit a bill of materials and domestic content calculation with its bid."
• "Final assembly, testing, and quality control shall occur at a U.S. facility."

Future Trends in Domestic Content Requirements

Buy America requirements are likely to become stricter, not looser. Several trends are shaping the future landscape.

Increasing Domestic Content Thresholds

There is periodic discussion of raising the 55% threshold for manufactured products. Buyers should plan for the possibility that future rounds of NEVI or other federal programs may require 60% or higher domestic content.

Expanded Definition of Covered Materials

Future guidance may expand coverage beyond iron, steel, and manufactured products to include electronics, semiconductors, and battery components. Projects with long procurement timelines should monitor regulatory developments.

Growth of U.S. EV Charger Manufacturing

Federal policy is driving investment in domestic EV charger manufacturing. Over the next several years, the number of U.S.-based assembly facilities is expected to grow, improving supply availability and compliance options.

Greater Enforcement and Transparency

Expect more rigorous audit activity as NEVI deployment scales. States and FHWA are likely to increase documentation requirements and spot-check compliance.

Buy America Compliance Case Study

A charging network operator planned to deploy 10 NEVI-funded sites along a Midwest highway corridor. Early in procurement, the operator identified two charger options: one at a lower price but with uncertain Buy America status, and one at a higher price with full domestic content documentation.

Decision Analysis

Outcome

The operator selected the compliant option. Although equipment cost was $60,000 higher, the project secured NEVI funding worth over $2.5 million across the 10 sites. The lower-priced option would have introduced uncertainty that could have derailed the entire application.

The case demonstrates that Buy America compliance is a project-level risk factor, not just a per-unit cost factor. A small premium on hardware can protect a much larger funding award.

Working with Legal and Compliance Advisors

Complex projects benefit from specialized advisors. Consider involving:

• Government contracts attorney: Reviews grant terms and compliance obligations
• Procurement specialist: Ensures RFP and contract language enforces Buy America
• Supply chain auditor: Verifies manufacturer claims through factory visits
• Tax advisor: Coordinates Buy America compliance with incentive stacking rules

Legal advisors can also help interpret ambiguous guidance and prepare waiver requests if absolutely necessary.

Buy America FAQs

Does Buy America Apply to Privately Funded Projects?

No. Buy America applies to federally funded projects. Privately funded charging stations are not subject to Buy America, though state or local programs may have their own domestic content rules.

Can I Use Imported Components If Final Assembly Is in the U.S.?

Yes, if the total domestic content meets or exceeds 55% and all iron and steel components are U.S.-produced. The imported components must be substantially transformed or integrated into the final product.

Does Software Count Toward Domestic Content?

Software development cost may be considered in some domestic content calculations, but the rules are complex. Consult program guidance and legal advisors for your specific project.

What If a Compliant Product Is Not Available?

You may request a waiver, but waiver availability is limited and temporary. The safer approach is to select equipment that already complies.

How Long Must Compliance Documentation Be Retained?

Retain documentation for the life of the federal award plus any applicable audit or clawback period, typically at least five to seven years after project completion.

Can Spare Parts Be Imported?

Spare parts used for maintenance of a NEVI-funded charger may need to be Buy America compliant. Clarify this requirement with your state program before procurement.

Buy America for BESS, Solar, and Site Infrastructure

NEVI sites increasingly include battery energy storage systems (BESS), solar panels, and supporting infrastructure. Buy America applies to these items as well.

Battery Energy Storage Systems

BESS enclosures, inverters, and battery modules may be treated as manufactured products. If included in a NEVI-funded project, they must meet domestic content requirements. Battery cells and modules are a particular challenge because much of the global supply chain is concentrated overseas. Buyers should verify whether proposed BESS equipment has been certified as Buy America compliant.

Solar Panels

Solar panels installed at NEVI-funded sites must also comply with domestic content rules. The Inflation Reduction Act includes additional domestic content bonuses for standalone solar and storage projects, which may interact with NEVI requirements.

Civil and Electrical Materials

Steel conduit, rebar, bollards, transformer enclosures, and other iron and steel products must be produced in the United States. Coordinate with civil and electrical contractors to source compliant materials and maintain mill certificates or supplier certifications.

Coordination with Other Funding Sources

When combining NEVI with utility make-ready programs or tax credits, confirm that each funding source's domestic content rules are satisfied. Different programs may define domestic content differently or impose additional requirements.

Buy America and Supply Chain Resilience

Beyond compliance, domestic sourcing strengthens supply chain resilience. U.S.-based manufacturing reduces exposure to shipping disruptions, tariffs, and geopolitical risk. For critical infrastructure like EV charging, resilience is a strategic advantage that complements regulatory compliance.

Preparing for Audits

When auditors arrive, they will ask for documentation. Organized records speed the process and demonstrate good faith. Maintain digital copies of all certifications, bills of materials, contracts, and correspondence in a secure, searchable repository.

Continuous Monitoring

Buy America compliance does not end at commissioning. Any design change, component substitution, or repair part replacement can affect compliance. Establish a change-control process that requires Buy America review before modifications are approved.

References

• 23 U.S.C. § 313 — Buy America Requirements. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section313&num=0&edition=prelim
• 41 U.S.C. § 8301 et seq. — Buy American Act. https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim
• Federal Highway Administration. Waiver of Buy America Requirements for Electric Vehicle Chargers. 88 FR 10619. https://www.federalregister.gov/documents/2023/02/22/2023-03710/waiver-of-buy-america-requirements-for-electric-vehicle-chargers
• Federal Highway Administration. NEVI Standards and Requirements Final Rule. 23 CFR Part 680. https://www.federalregister.gov/documents/2023/02/28/2023-04017/national-electric-vehicle-infrastructure-standards-and-requirements

Conclusion: Compliance Starts with Documentation

Buy America compliance for EV chargers is a documentation-heavy, detail-driven requirement. The law is clear in principle—use domestically produced materials—but the application is complex because modern chargers contain components from many countries. Success requires working with manufacturers who can provide transparent, verifiable domestic content certifications and who maintain U.S. final assembly.

For NEVI-funded projects, Buy America is non-negotiable. Applicants who treat compliance as an afterthought risk rejection, delay, or clawback. Those who build it into procurement, design, and contracting from day one gain a significant advantage.

When evaluating EV charging equipment, request more than marketing language. Ask for the bill of materials, the domestic content calculation, the final assembly location, and references from other federally funded projects. Verify that the specific model you plan to deploy is compliant, not just the product line.

FBK POWER provides certification documentation and supports NEVI-compliant deployments with modular DC fast chargers designed for U.S. and global standards. To discuss Buy America requirements for your project, request a compliance review or contact our engineering team.